{"operation":"document","citation":"CPF 52023042NOPV","title":"BETA OFFSHORE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446(c)(3), 195.446(c)(4), 195.446(e)(3), 195.446(e)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023042nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023042nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023042nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023042NOPV","body":"Notice of Probable Violation involving BETA OFFSHORE. PHMSA's enforcement data identifies the cited regulations as 195.446(c)(3),  195.446(c)(4),  195.446(e)(3),  195.446(e)(4). The case was opened on 2023-12-26 and is reported as closed as of 2026-04-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023042NOPV_Closure Letter_04082026_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Closure%20Letter_04082026_(22-232644).pdf\n\n52023042NOPV_Closure Letter_04082026_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Closure%20Letter_04082026_(22-232644)_text.pdf\n\n52023042NOPV_Consent Agreement and Order_04162025_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Consent%20Agreement%20and%20Order_04162025_(22-232644).pdf\n\n52023042NOPV_Consent Agreement and Order_04162025_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Consent%20Agreement%20and%20Order_04162025_(22-232644)_text.pdf\n\n52023042NOPV_Operator Request for Hearing and Statement of Issues and Request for Informal Conference_01192024_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Operator%20Request%20for%20Hearing%20and%20Statement%20of%20Issues%20and%20Request%20for%20Informal%20Conference_01192024_(22-232644).pdf\n\n52023042NOPV_Operator Withdrawal of Hearing Request_04212025_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_04212025_(22-232644).pdf\n\n52023042NOPV_PCO_12262023_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PCO_12262023_(22-232644).pdf\n\n52023042NOPV_PCO_12262023_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PCO_12262023_(22-232644)_text.pdf\n\n52023042NOPV_PHC Hearing Rescheduled_02042025_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Rescheduled_02042025_(22-232644).pdf\n\n52023042NOPV_PHC Hearing Rescheduled_02042025_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Rescheduled_02042025_(22-232644)_text.pdf\n\n52023042NOPV_PHC Hearing Rescheduled_10182024_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Rescheduled_10182024_(22-232644).pdf\n\n52023042NOPV_PHC Hearing Rescheduled_10182024_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Rescheduled_10182024_(22-232644)_text.pdf\n\n52023042NOPV_PHC Hearing Scheduled_05302024_(22-232644).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Scheduled_05302024_(22-232644).pdf\n\n52023042NOPV_PHC Hearing Scheduled_05302024_(22-232644)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023042NOPV/52023042NOPV_PHC%20Hearing%20Scheduled_05302024_(22-232644)_text.pdf\n\n52023042NOPV_PHC Hearing Scheduled_05302024_(22-232644)_text.pdf\n\nMay 30, 2024\nVIA ELECTRONIC MAIL TO: jcurry@babstcalland.com and dustin.hubbard@dot.gov\nMr. James Curry\nCounsel for Amplify Energy Corp.\nBabst Calland\n505 9th Street, NW, Suite 602\nWashington, DC 20004\nMr. Dustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n12300 W. Dakota Avenue, Suite 110\nLakewood, CO 80228\nRe: Notice of Hearing, Amplify Energy Corporation\nCPF No. 5-2023-042-NOPV\nDear Mr. Curry and Mr. Hubbard:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on October 30,\n2024, beginning at 8:30 a.m. Mountain Time.\nThe hearing will be held at the PHMSA Western Region office, 12300 W. Dakota Ave, Suite 110,\nLakewood, CO 80228. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (720)\n963-3160.\nAt least 10 calendar days prior to the hearing (or by October 21, 2024), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically. Materials\nnot submitted by this date may be excluded. If you have any questions, please do not hesitate to\ncontact me.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Dan Furbee, Senior Vice President and Chief Operating Officer,\nAmplify Energy Corp., dan.furbee@amplifyenergy.com\nMs. Alexandra Iorio, Counsel, Western Region, Office of Pipeline Safety, PHMSA,\nalexandra.iorio@dot.gov\nMs. Kathleen Maitland, Counsel, Western Region, Office of Pipeline Safety, PHMSA,\nkathleen.maitland@dot.gov\n\n52023042NOPV_Closure Letter_04082026_(22-232644)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n12300 West Dakota Avenue, Suite 340\nLakewood, Colorado 80228\nVIA ELECTRONIC MAIL TO: martyn.willsher@amplifyenergy.com\nApril 8, 2026\nMr. Martyn Willsher\nPresident and Chief Executive Officer\nAmplify Energy Corporation.\n111 Ocean Boulevard, Suite 1240\nLong Beach, CA 90802\nCPF No’s. 5-2023-041-NOA & 5-2023-042-NOPV\nClosure Letter\nDear Mr. Willsher:\nOn April 16, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Amplify Energy Corporation (Amplify) a Consent Order incorporating the terms of the\nConsent Agreement between PHMSA and Amplify in the above-referenced case. This Order\nincluded a Compliance Terms requirement for Amplify to take certain corrective actions.\nPer the terms of the Consent Agreement, the Consent Agreement would terminate once the\nCompliance Terms of Section V were deemed satisfied. After a review of the documents\nAmplify provided on July 15, 2025 and August 14, 2025, it has been determined that the\nCompliance Terms have been satisfied.\nAccordingly, the Consent Agreement is terminated, and this case is now closed.\nThank you for your cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-232644)\n\n52023042NOPV_PHC Hearing Rescheduled_10182024_(22-232644)_text.pdf\n\nDate: October 18, 2024\nFrom: Larry White\nTo: File\nRe: Continuance of Hearing, Amplify Energy\nCPF No. 5-2023-042-NOPV\nBy electronic mail dated October 15, 2024, Kathleen Maitland, Counsel for OPS Western Region,\nand Claire Haines, Counsel for Amplify Energy, submitted a joint request for a continuance of the\nhearing previously scheduled for October 30, 2024. The request explained that the parties are in\nactive settlement discussions in this case. It further stated that a consent agreement may not be\ncompleted by the scheduled hearing date, and requested a continuance to ensure sufficient time to\ncomplete the agreement.\nI granted the request for a continuance until February 20, 2025 which will be the new hearing date if\na consent agreement is not completed by that time.\n\n52023042NOPV_Consent Agreement and Order_04162025_(22-232644)_text.pdf\n\nApril 16, 2025\nVIA ELECTRONIC MAIL TO: martyn.willsher@amplifyenergy.com\nMr. Martyn Willsher\nPresident and Chief Executive Officer\nAmplify Energy Corp.\n111 Ocean Boulevard, Suite 1240\nLong Beach, CA 90802\nCPF Nos. 5-2023-041-NOA & 5-2023-042-NOPV\nDear Mr. Willsher:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between the\nPipeline and Hazardous Materials Safety Administration (PHMSA) and Beta Operating Company,\nLLC d/b/a Beta Offshore, which was executed on March 26, 2025. Service of the Consent Order and\nConsent Agreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\n\n\n\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nBrianne Kurdock, Esq., Counsel for Respondent, Babst Calland, bkurdock@babstcalland.com.\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nBeta Offshore, ) CPF Nos. 5-2023-041-NOA &\na subsidiary of Amplify Energy, Inc., ) 5-2023-042-NOPV\nRespondent. )\n)\n)\n)\n)\nCONSENT ORDER\nBy letters dated December 26, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed\nCompliance Order and a Notice of Amendment (Notices) to Beta Operating Company, LLC d/b/a\nBeta Offshore (Beta or Respondent).\nIn response to the Notices, Respondent requested hearings on all Items, contesting the underlying\nviolations, the proposed compliance order, and the alleged inadequacies within the Notices. Beta\nalso asked for the opportunity to meet informally with PHMSA to discuss the allegations in the\nNotices. Respondent and PHMSA (The Parties) subsequently met to discuss the issues raised in the\nResponses. As a result of those discussions, as explained in more detail below, the Parties have\nagreed to a Consent Agreement by which makes findings of violation and inadequacy, includes\nmodified compliance terms, and acknowledges the corrective actions the Respondent has taken to\nresolve several of the allegations.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Beta is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nBeta Offshore ) CPF No. 5-2023-041-NOA &\na subsidiary of Amplify Energy Corp. ) CPF No. 5-2023-042-NOPV\nRespondent. )\n)\n)\n)\n)\nCONSENT AGREEMENT\nFrom November 28 through December 2, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the\nfacilities and records of Beta Operating Company, LLC d/b/a Beta Offshore (Beta or Respondent)\ncontrol room in Long Beach, California.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to Respondent,\nby letters dated December 26, 2023, a Notice of Amendment (NOA) and Notice of Probable\nViolation and Proposed Compliance Order (NOPV), which also included a warning pursuant to 49\nCFR § 190.205. In accordance with 49 CFR § 190.206, PHMSA alleged inadequacies in Beta’s\nprocedures. In accordance with 49 CFR § 190.207, PHMSA alleged that Beta had committed three\nviolations of 49 CFR Part 195 (Items 1, 2, and 4), and proposed ordering Respondent to take certain\nmeasures to correct the alleged violations. The NOPV also included a warning item (Item 3) and\nadvised the operator to correct the probable violation or face potential future enforcement action.\nOn January 19, 2024, Beta responded to the NOA and NOPV (the Notices). Beta requested an\ninformal conference, or alternatively, an administrative hearing. Thereafter, Respondent and\nPHMSA (collectively, the Parties) met on several occasions to discuss the allegations. Between\nSeptember and December 2024, the Parties discussed amendments of the relevant procedures. As\na result, the Parties have agreed to resolve this matter via consent order and agreement. This\nAgreement will serve the public interest by promoting safety and protection of the environment.\nPursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and agreement, the\nParties hereby agree as follows:\n\n\n\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notices, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s actions in these proceedings and that the\nNotices state claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and\nthe regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending that\nthe Associate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute\nan offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate\nAdministrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to contest\nthe adequacy of notice, or the validity of the Consent Order or this Agreement, including all rights\nto administrative or judicial hearings or appeals, except for the Dispute Resolution provisions set\nforth herein. Respondent agrees to withdraw its requests for an administrative hearing in these\nmatters upon receipt of the Consent Order.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons otherwise\nbound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work\nplans and schedules to all of Respondent’s officers, employees, and agents whose duties might\nreasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement. The\nParties acknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notices.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\n\n\n\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty, not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Respondent neither admits nor denies any allegations or conclusions in the\nNotices. Respondent agrees for purposes of this Agreement to accept the allegations in the NOA\nand NOPV as findings and to comply with the terms of this Agreement.\n11. This Agreement does not constitute a finding of violation of any other federal law\nor regulation and may not be used in any civil proceeding of any kind as evidence or proof of\nany fact, fault or liability, or as evidence of a violation of any law, rule, regulation, or\nrequirement, except in a proceeding to enforce the provisions of this Agreement.\nFindings of Inadequacy - NOA\n12. Item 1 - 49 CFR § 195.402(a): The NOA alleged Beta’s Pipeline Specific\nOperations and Maintenance Manual (O&M Manual), Section 19 – Control Management, did not\ncontain instructions for conducting and documenting the annual review required by the pipeline\nsafety regulations. Beta contested this Item and the Parties engaged in discussions to clarify the\nallegations in the NOA. Without admission, Respondent accepts the procedures as alleged in the\nNOA as inadequate and has developed revised procedures which have been submitted to PHMSA\nfor review. The Director has accepted these revised procedures as adequate, and no further action\nis necessary.\n13. Item 2 - 49 CFR § 195.446(b)(1): The NOA alleged Beta’s procedures failed to\nclearly define the roles and responsibilities of controllers during normal operating conditions\nincluding when making onshore deliveries to the Crimson Pipeline. Beta contested this Item and\nthe Parties engaged in discussions to clarify the allegations in the NOA. Beta is currently in the\nprocess of amending the procedures. PHMSA commends Beta’s prompt efforts to strengthen its\nprocedures to ensure pipeline safety. Without admission, Respondent accepts the procedures as\nalleged in the NOA as inadequate.\nII.\n\n\n\n14. Item 3 - 49 CFR § 195.446(c)(1): The NOA alleged Beta’s procedures failed to\nclearly define the types of changes to the SCADA system that constitute additions, expansion and\nreplacements that would require implementation of API RP 1165. Beta contested this Item and the\nParties engaged in discussions to clarify the allegations in the NOA. Without admission,\nRespondent accepts the procedures as alleged in the NOA as inadequate and has developed revised\nprocedures which have been submitted to PHMSA for review. The Director has accepted these\nrevised procedures as adequate, and no further action is necessary.\n15. Item 4 - 49 CFR § 195.446(c)(2): The NOA alleged Beta’s procedures did not\ndefine the terms “point” and “safety-related point” and did not define a process for establishing\npoints on a pipeline including how to select initial setpoint values for points on the pipeline. Beta\ncontested this Item and the Parties engaged in discussions to clarify the allegations in the NOA.\nWithout admission, Respondent accepts the procedures as alleged in the NOA as inadequate and\nhas developed revised procedures which have been submitted to PHMSA for review. The Director\nhas accepted these revised procedures as adequate, and no further action is necessary.\n16. Item 5 - 49 CFR § 195.446(d)(1): The NOA alleged Beta’s procedures did not\naddress methods to mitigate travel fatigue associated with controllers commuting long distances\nfor their first controller shift at the duty station. Beta contested this Item and the Parties engaged\nin discussions to clarify the allegations in the NOA. Without admission, Respondent accepts the\nprocedures as alleged in the NOA as inadequate and has developed revised procedures which have\nbeen submitted to PHMSA for review. The Director has accepted these revised procedures as\nadequate, and no further action is necessary.\nIII. Findings of Violation - NOPV\n17. Item 1 - 49 CFR § 195.446(c)(3): The NOPV alleged Beta failed to test and verify\nits internal communication plan as required. Specifically, the NOPV alleged that during inspection,\nBeta failed to provide records demonstrating that Beta had tested and verified its internal\ncommunications plan at least once each calendar year, but at intervals not to exceed 15 months, as\nrequired by its O&M Manual for the calendar years of 2018, 2019, 2020, 2021 and 2022. Beta\ncontested this Item and the Parties engaged in discussions to clarify the allegations in the NOPV.\nWithout admission, Beta accepts PHMSA’s finding of violation of 49 CFR § 195.446(c)(3).\n18. Item 2 - 49 CFR § 195.446(c)(4): The NOPV alleged that Beta failed to test its\nbackup SCADA systems as required. Specifically, the NOPV alleged that during the inspection,\nBeta could not provide records to demonstrate that Beta had tested its backup SCADA systems at\nleast once each calendar year, but at intervals not to exceed 15 months, for the calendar years of\n2018, 2019, 2020, 2021 and 2022. Beta contested this Item and the Parties engaged in discussions\nto clarify the allegations in the NOPV. Beta is currently in the process of amending the procedures.\nPHMSA commends Beta’s prompt efforts to strengthen its procedures to ensure pipeline safety\nWithout admission, Beta accepts PHMSA’s finding of violation of 49 CFR § 195.446(c)(4).\n19. Item 4 - 49 CFR § 195.446(e)(4): The NOPV alleged Beta failed to conduct a\nreview of the alarm management plan at least once each calendar year, but at intervals not\nexceeding 15 months, to determine the effectiveness of the plan, as required. Specifically, the\n\n\n\nNOPV alleged that during the inspection, Beta could not provide any documentation\ndemonstrating a review of its alarm management plan. Beta contested this Item and the Parties\nengaged in discussions to clarify the allegations in the NOPV. Without admission, Beta accepts\nPHMSA’s finding of violation of 49 CFR § 195.446(e)(4).\n20. Items 1, 2, and 4 will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent for the five (5) year period following the\nEffective Date of this Agreement.\nIV. Warning Item:\n21. Item 3 - 49 CFR § 195.446(e)(3): The NOPV alleged that Beta failed to verify the\ncorrect safety-related alarm set-point values and alarm descriptions when associated field\ninstruments are calibrated or changed and at least once each calendar year, but at intervals not to\nexceed 15 months, as required. Specifically, the NOPV alleged that a review of Beta’s records\nduring the inspection revealed that the 2019 and 2020 reviews of safety-related alarm set-point\nvalues and alarm descriptions exceeded the 15-month maximum review interval as the 2019 review\nwas dated May 19, 2019, and the 2020 review was dated September 20, 2020. This Item was\nbrought as a warning item and does not constitute a finding of violation.\n22. For Warning Item 3, if OPS finds a violation of this provision in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nV. Compliance Terms:\n23. Item 2 (NOA) – 49 CFR § 195.446(b)(1): As stated above, the NOA alleged\nBeta’s procedures failed to clearly define the roles and responsibilities of controllers during\nnormal operating conditions including when making onshore deliveries to the Crimson Pipeline.\nBeta must amend its procedures to clearly define the roles and responsibilities of\nthe controllers during normal operating conditions including when making onshore deliveries on\nthe Crimson Pipeline within 90 days of the Effective Date.\n24. Item 1 (NOPV) - 49 CFR § 195.446(c)(3): The NOPV proposed certain\ncompliance actions to address the allegations in the NOPV. Beta contested the proposed actions\nand the Parties engaged in discussions to clarify the proposal. Respondent developed a revised\ninternal communication plan and submitted it to PHMSA for review. PHMSA finds these\nrevisions acceptable.\nBeta must conduct the required testing and verification of the amended internal\ncommunications plan within 120 days of the Effective Date.\n25. Item 2 (NOPV) - 49 CFR § 195.446(c)(4): The NOPV proposed certain\ncompliance actions to address the allegations in the NOPV. Beta contested the proposed actions\nand the Parties engaged in discussions to clarify the proposal. Beta is currently in the process of\namending its procedures to allow for the testing of Elly personnel who, in an emergency, can\n\n\n\nmake deliveries to downstream pipelines. Beta will also amend its procedures to allow for the\ntesting of the backup SCADA system including the testing of the backup servers that were not in\nexistence at the time of the inspection.\nBeta must complete those amendments and submit the revised procedures along\nwith records demonstrating that the procedures have been tested within 120 days of the Effective\nDate.\n26. Item 4 (NOPV) - 49 CFR § 195.446(e)(4): The NOPV proposed certain\ncompliance actions to address the allegations in the NOPV. Beta contested the proposed actions\nand the Parties engaged in discussions to clarify the proposal. Respondent developed a revised\nAlarm Management Plan procedures and submitted it to PHMSA for review. PHMSA finds\nthese revisions acceptable.\nBeta must conduct a review of the amended Alarm Management Plan and submit\nrecords of that review within 120 days of the Effective Date.\nVI. Enforcement:\n27. This Agreement is subject to all enforcement authorities available to PHMSA under\n49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties under 49\nU.S.C. § 60122, of up to $266,015 per violation for each day the violation continues and referral of\nthe case to the Attorney General for judicial enforcement, if PHMSA determines that Respondent\nis not complying with the terms of this Agreement in accordance with the determinations made by\nthe Director, or in accordance with decisions of the Associate Administrator if resolved pursuant to\nthe Dispute Resolution process herein. The maximum civil penalty amounts are adjusted annually\nfor inflation. See 49 CFR § 190.223. All time frames to complete the compliance terms referenced\nin Section V (Compliance Terms) are automatically incorporated into this Agreement and are\nenforceable in the same manner.\nVII. Review and Approval Process:\n28. With respect to any submission under Section V (Compliance Terms) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all or\nany portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\nresubmit it for approval.\nVIII. Dispute Resolution:\n29. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement, including any decision of the Director under the terms of Section V\n\n\n\n(Compliance Terms). If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety, PHMSA. Such request must be made in writing and provided to the Director,\ncounsel for the Western Region, and to the Associate Administrator for Pipeline Safety, no later\nthan 10 calendar days from the 15-day deadline for informal resolution referenced in this\nparagraph. Along with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a dispute\nand PHMSA’s consideration of matters placed in dispute will not excuse, toll, or suspend any term\nor timeframe for completion of any work to be performed under this Agreement during the\npendency of the dispute resolution process.\nIX. Effective Date:\n30. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nX. Recordkeeping and Information Disclosure:\n31. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed. For any reports, plans, or other\ndeliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent may\nassert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 CFR Part 7. Respondent must mark\nthe claim of confidentiality in writing on each page and include a statement specifying the grounds\nfor each claim of confidentially. PHMSA determines release of any information submitted\npursuant to this Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5\nU.S.C. § 552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nXI. Modification:\n32. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXII. Termination:\n33. This Agreement will remain in effect until the Compliance Terms in Section V are\ndeemed satisfied, as determined by the Director. The Agreement shall not terminate until the\nDirector confirms, in writing, that the Agreement is terminated in accordance with this paragraph.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan the deadlines provided for in this Agreement.\n\n\n\nXIII. Ratification:\n34. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n35. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Beta Operating Company, LLC:\nDate\nFor PHMSA:\nDirector, Western Region, Office of Pipeline Safety\nDate\n\n52023042NOPV_PHC Hearing Rescheduled_02042025_(22-232644)_text.pdf\n\nDate: February 4, 2025\nFrom: Joseph St. Peter\nTo: File\nRe: Continuance of Informal Hearing in CPF No.’s 5-2023-041-NOA & 5-2023-042-NOPV\n(Beta Offshore (Amplify Energy Corp.))\nBy electronic mail on January 29, 2025, Kathleen Maitland and Alexandra Iorio, Counsel for\nWestern Region, and Brianne Kurdock, counsel for Amplify Energy Corp., submitted a status\nupdate indicating that the parties are currently engaged in settlement discussions and requested to\npostpone the current hearing date of February 20, 2025. The request is granted, and the informal\nhearing in this case will be held on Thursday May 8, 2025, at 8:30 a.m. Mountain Daylight Time\nat Western Region’s office in Lakewood, Colorado. Pre-hearing submissions under 49 CFR §\n190.211(d) are due no later than April 28, 2025.","truncated":false,"body_characters":32742}